Agenda item

Purpose: To provide an update on local and national issues relating to ethical standards and to bring to the attention of the Committee any complaints or other problems within West Berkshire. To present the Annual Governance and Ethics Committee report to Full Council.

The Committee considered a report (Agenda Item 5) concerning the Monitoring Officer’s Report for 2016/17. The report explained that only one dispensation was granted in 2016/17 by the Monitoring Officer to allow Councillor Nick Goodes to speak and vote on matters pertaining to Council Tax. A four year dispensation (expiring in May 2019) remained in place for the other 51 Members to speak and vote on any items pertaining to Council Tax.

The number of gifts and hospitality received by Members remained relatively low although this could be as a result of under reporting by Members. All elected Members of West Berkshire Council had completed and submitted their Register of Interest forms.

There had been a significant decrease in the number of complaints received in 2016/17. All three complaints received pertained to parish councillors. Following the initial assessment it was agreed that one of these complaints would be investigated (NPC1/17), informal resolution was sought in respect of NPC2/17 and no further action was taken on NPC8/16.

There would be some changes to the Parish Council representatives on the Governance and Ethics Committee and the Advisory Panel for 2017/18. 

Councillor Beck noted that in the previous year, the number of complaints in respect of District Councillors had been skewed by one individual making a complaint regarding each member of the Western Area Planning Committee.

Councillor Bridgman enquired how new members for the Committee’s Advisory Panel had been recruited. Sarah Clarke advised that all parish clerks had been contacted to identify volunteers. Any members who were also District council members were discounted in order to avoid the appearance of bias.  Councillor Bridgman, referring to section 11 of the Supporting Information to the report, noted that in 2012/13 there were 18 complaints, 11 of which resulted in no further action being taken. He asked whether there were any areas of concern of which Members should be notified. Sarah Clarke advised that the Council had robust investigation procedures but some complaints ‘snowballed’.

Councillor Pick expressed surprise that there were not more complaints and referred to his experience of vexatious complainants as a Newbury Town Councillor. Sarah Clarke advised that some Parish and Town Councils would handle complaints internally.

Councillor James Cole expressed concern that the report advertised the Council’s ‘limited power’ in respect of sanctioning breaches of the Code of Conduct. Sarah Clarke advised that this was already well known among Members and most did seek to adhere to the Code of Conduct. The number of complaints was low considering the number of parish councils in the District. Councillor Beck noted that the government had reduced the sanctions available to local authorities. Sarah Clarke offered reassurance that if the Council received a complaint in respect of a Disclosable Pecuniary Interest (DPI) this was a criminal matter and would be referred to the police. She knew of one prosecution nationally in respect of a member who had declared a DPI on his register of interests but had participated in a meeting at which matters relating to his DPI were discussed. Councillor Bridgman commented that the negative publicity would be punitive.

Councillor Dillon commented that he had completed his own Register of Interests form but he had found the form to have unclear wording and requested that this be looked at. Sarah Clarke agreed to present a revised form following consideration by the Finance and Governance Group.

RESOLVED that the report be noted and the Register of Interests form to be revised.